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View Full Version : Sixth PS3 Other OS lawsuit filed



Sven
05-31-2010, 10:06 AM
26893Yet another class-action lawsuit has been filed against Sony, requesting restitution "and/or injunctive relief in the form of enabling the Other OS function of the PS3". The legal document includes user comments from the US and EU Playstation Blog, IGN, ArsTechnica, Facebook, and GeeksAreSexy.net.

The lawsuits seem to be building at an average rate of one per week. What are the odds of them going for an even ten?


SCEA advertised, promoted, marketed, warranted, and sold the PS3 as more than just a video game console. Indeed, Ken Kutaragi, former President of SCEI, stated before the PS3’s release, “Speaking about the PS3, we never said we will release a game console. It [the PS3] is radically different from the previous PlayStation. It is clearly a computer.”1 (http://playstationlifestyle.net/2010/04/17/sony-refuses-ps3-linux-reimbursment/)
. . .

On April 1, 2010, SCEA released a Firmware version 3.21 software update (hereinafter referred to as the “Firmware update 3.21”) for the PS3, intentionally disabling the “Other OS” feature that enabled the PS3 to be operated as a personal computer for purported “security reasons.” This action directly contravened one of the PS3’s primary purposes, i.e., its use as a personal computer, and constituted breaches of express and implied warranties, conversion, and violations of numerous California and federal consumer protection laws.
. . .

SCEA has hardly presented users with a fair “choice”: users must either download the Firmware update 3.21 and lose the ability to operate the advertised “Other OS” feature, or continue using old software and lose numerous previously available and advertised features, such as online access and Blu-ray technology.Click here (http://ia360702.us.archive.org/9/items/gov.uscourts.cand.227820/gov.uscourts.cand.227820.1.0.pdf) for the original PDF. Thanks to Reeninge & Stealth_Musoka (http://twitter.com/Stealth_Musoka) for the tip-off.